President Biden to Pardon Service Members for Past LGBTQ+ Discrimination; Access To Benefits

  • by:
  • Source: Wayne Dupree
  • 06/26/2024
In order to provide U.S. service personnel access to military perks including pensions and house loans, President Biden said on Wednesday that he would pardon those who were convicted under a military regulation that prohibited homosexual behavior.

Thousands of veterans of the armed forces will be touched by the pardon, which will not instantly update their records. But it will enable them to get military perks that have been denied due to the conviction.

Using his power of mercy, Mr. Biden said in a statement, "Today I am writing a historic wrong by pardoning many former service members who were convicted simply for being themselves."

"Thousands of LGBTQI+ service personnel were compelled to leave the military due to their sexual orientation or gender identity, despite their bravery and significant sacrifice. According to Mr. Biden, "some of these patriotic Americans faced court-martial punishment and have endured this enormous injustice for decades."

In an effort to strengthen his popularity among LGBTQ people during Pride Month, Mr. Biden made this action during election year. This month, the Biden campaign made LGBTQ outreach a primary emphasis, attending over 200 Pride events and launching a media blitz to encourage people who identify as LGBT.

On Friday, Mr. Biden is scheduled to visit the site of the historic Stonewall Riots in New York City, which served as the impetus for the contemporary gay rights movement, together with pop music star Elton John.

In November, it is anticipated that LGBTQ voters would support Mr. Biden in large numbers. According to predictions from GLAAD, an LGBTQ media advocacy organization, Mr. Biden will be supported by around 72% of voters in battleground states and 68% of registered LGBTQ voters. Also predicted by GLAAD to get 15% of the vote in each category is former president Donald Trump.

But the biggest LGBTQ rights organization in the country, the Human Rights Campaign, has cautioned that support for Mr. Biden is dwindling. According to HRC estimates, almost one-third of the 75 million "equality voters" who cast ballots in favor of LGBTQ rights would not support Mr. Biden.

HRC representatives said last month that although such voters are unlikely to back Mr. Trump, they may choose to abstain from voting on election day or cast their ballots for independent presidential candidate Robert F. Kennedy Jr.

Service personnel convicted under Article 125 of the previous Uniform Code of Military Justice, which made sodomy—even between consenting adults—a crime—will get special forgiveness under the pardon. It also applies to anyone who were found guilty of trying to break the previous military code.

An administration official said that there would be no pardons for anybody found guilty of nonconsensual sexual acts like rape.

According to a senior administration official, service personnel who were kicked out of the military in accordance with other statutes may still petition for clemency.

After thousands of military members had been dismissed since the law's implementation in 1951, Congress finally revised it in 2013.

A service member's eligibility for Veterans Affairs benefits is based on their status of discharge. An individual receiving a court-martial bad-conduct discharge, for instance, would not be eligible for a house loan, a military pension, or educational benefits.

The Pentagon is now reviewing the military records of service personnel who were discharged due to their sexual orientation; this examination is independent and apart from Mr. Biden's pardon. In order to have the service records of veterans who were dismissed in accordance with the law evaluated, the Pentagon started a campaign last autumn.

People may amend their records under the pardon by submitting an online application, according to a senior White House official. The pardon attorney for the Justice Department will next receive the military branch's evaluation of the person's court-martial to see whether they qualify for the pardon.

The discharge status of a service member is not automatically altered by a certificate of pardon. Even if a service member receives a certificate of pardon, they will still need to petition for an amendment to their military records with the board of prisons of their military branch.




 

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